Would this be considered audio recording a PIP assessment?

[reallymadwoman]

Copied from my PIP thread so that more people are likely to see it:-

 

I know that we're not allowed (for all practical purposes, anyway) to audio record PIP assessments but I have severe memory issues AND I find writing very difficult so I often use an electronic note taker which is in effect a voice recorder, it just puts the sound into words for me to save me the effort of transcribing. Does anyone know if I'll be able to use this during a PIP assessment?

 

 

Should I also accidentally leave my phone on voice recorder, that would of course be a different issue. And if my companion also had their phone on voice record so that if asked to stop, we would of course turn off the phone that had been noticed ......

[Lapsed Workaholic]

Recording Interviews etc.

You might find this response to the same sort of enquiry from the Information Commissioner's Office helpful. To the best of my knowledge the ruling is still valid.

If the recording contains evidence to support a maladministration charge, using it at a tribunal hearing could be regarded as one of the personal uses to which it could be put, a very important one.

 

Information Commissioner’s Office

26 September 2012

 

PROTECT

26 September 2012

Case Reference Number ENQ0465807

 

Dear Mr Zola

 

Thank you for your correspondence of 23 September in which you ask if an individual cannot covertly record conversations when they are solely for their domestic use.

 

Under the Data Protection Act 1998 (DPA), Section 36, there is an exemption which states that “personal data are exempt from the Data Protection Principles and the provisions of Part II (individuals’ rights) and Part III (notification) of the Act where they are processed by an individual only for the purposes of that individual’s personal, family or household affairs (including recreational purposes).”

 

This means that an individual can carry out covert recordings without being in breach of the DPA as long as the information is for their own personal and domestic use.

 

I hope this information is helpful. If we can be of any further assistance please call me, or contact our Helpline on 0303 123 1113, quoting your case reference number. You will also find useful information on our website at [1]www.ico.gov.uk.

 

Yours sincerely

Michelle Hazlehurst

Case Officer - First Contact Group

Direct Dial - 01625 545216

 

[reallymadwoman]

The note taker doesn't actually record any audio, it just tries to transcribe it into a word processing document. I'm fairly sure that it would be perfectly acceptable for me to do this but if the person carrying out the assessment thinks it's an audio recorder (there's no chance of being able to do it covertly) they may well insist that I stop unless I can find something to print out and hand over that says I'm well within my rights to use it. Any covert recording would have to use some other means - an iPad is never going to go unnoticed, particularly one in a bright pink case.

[antone]

For a while I had a gadget that looked exactly like a flash drive, but recorded audio. Actually, it was a flash drive with a couple of G capacity, but you flicked a switch and it would record decent quality audio. For some appointments I just wore it on a lanyard around my neck. It wasn't terrific quality - lasted about 6 months - but it worked when I needed it and cost about £7 or so. When my wife needed to use it, she would hook it onto one of the metal loops on her handbag and nobody looked twice at it.

[nicolee2931]

My husband had his PIP assessment carried out at home and we covertly video recorded his assessment with a webcam, we just used a blob of black nail varnish to cover the LED on the camera which was easily removed later with a pair of sharp tweezers.

 

However there are devices as described by Antone on eBay.... I won't provide a link but if you put this number 311439255345 in an eBay search something of interest may pop up, I can't say I've used it so its a case of buyer beware.

 

But I would certainly encourage anyone to record their PIP assessment and transcribe it to text along with keeping the original audio recording......

 

ATOS and CAPITA are wolves in sheep's clothing don't trust them, they are known for entering information which isn't 100% correct. We've previously and quite sucessfully used a transcript at a tribunal when there was a discrepancy in an ATOS report, lets just say the tribunal judge wasn't happy with the presenting officer who turned up at my husbands hearing.